论文部分内容阅读
公安机关侦查阶段的刑事和解,存在着可能影响司法公正的因素。一方面,辩护律师参与刑事和解时间有限制,在侦查阶段接触到证据,这与刑诉法规定相冲突;另一方面,刑事和解的量刑奖赏对未成年被追诉人吸引力不足。此外,在侦查阶段达成刑事和解的,法律没有规定侦查人员是否可以撤销案件。答案应当是肯定的,但应限于提请批捕之前。建议区分参与诉讼的辩护律师与参与侦查阶段刑事和解的律师,以兼顾对被追诉人和侦查机关的公平对待。公安机关发挥群众力量事先进行民间调解、感化被害人,可以推进刑事和解实现。
The criminal reconciliation in the criminal investigation stage of public security organs has some factors that may affect the judicial fairness. On the one hand, defense counsel’s limited participation in the criminal reconciliation time and exposure to the evidence during the investigation phase conflict with the provisions of the Criminal Procedure Law. On the other hand, the sentencing reward for criminal reconciliation is not attractive to the minor prosecutors. In addition, criminal reconciliation reached during the investigation stage, the law does not require investigators can withdraw the case. The answer should be affirmative, but it should be limited to submitting for arrest. It is suggested to distinguish between the defense lawyers involved in litigation and the lawyers involved in criminal reconciliation in the investigation phase so as to give equal consideration to the fair treatment of the accused and the investigation organ. Public security organs to play the power of the masses in advance of civil mediation, probation victims, can promote the realization of criminal reconciliation.